Aty Guasu~Guarani Kaiowá


By Aty Guasu
This letter/note of Aty Guasu is for Government, the Federal Court and to various committees set up to discuss the compensation and the return of the ancient Guarani Kaiowá and territories.
This note aims at presenting the testimony of Guarani Kaiowá elderly and enslaved by the farmers of the southern cone of Ms. therefore, we Aty Guasu, firstly, we demand an indemnity and public policy of redress for the Guarani Kaiowá and people suffered and driven out of their former territories.
Know and follow that for the past two years, there are already many commissions created, such as: CNJ, etc, each week being created more a “Commission”, but no Commission is not seriously discussed the return of indigenous territories and indemnification for Guarani Kaiowá and expelled from their ancient lands. So, we at Aty Guasu, come forward to the Government and the Federal Court the justification for compensation and reparation policy to Guarani Kaiowá and survivors suffered, located in the southern cone of Mato Grosso do Sul.
Firstly, as is already known, that from 1950 to 1980, several indigenous men (Guarani Kaiowá) were enslaved by the farmers to make the overthrow of mato, in today’s southern cone of MS. The activities of these Indians were to overthrow the Bush with the hand tools, such as: machete, sickle, axe and hoe.
Duration of this degrading work were 2:0 pm per day. As elderly Guarani and Kaiwá reveal-“We had to cut the weeds with axe and sickle, before sunrise and stopped after sunset. more or less stopped Only 20 minutes to eat”. We slept just a little bit, at dawn, around the 4:0, the capatá-ficale began throwing the shots for us to wake up. “The patron-farmer sent three” capatá-ficale “with the firearm to watch, these armed white men came to our House to fetch us the strength to topple the Bush, was the overthrow of the Bush, that way, we were treated at the time of indigenous overthrow of Bush.”
It is evident that more than three (03) men non-Indians-“white” gunmen with armed robbery were over daily work and the houses of the natives. Moreover, the Guarani Kaiowá and men did not receive any salary/remuneration for this heavy and degrading activity. Guarani Kaiowá elderly memory, located in conflict areas.
“In exchange for our work, patron-farmer sent to us only machetes, sickle, axe and some cloth. He spoke to us:-you have to work a long time and overthrow much Bush to pay the price of machetes, sickle and piece of cloth. Cash no! we do not received moneys not “.
“In addition, patron-farmer announced: If you Indians if you want to stay in my new farm has to work for me”
These indigenous Guarani Kaiowá men worked so enslaved only not to abandon or leave of his old territory. The indigenous elders recall the fact so unanimous.
“We obeyed all the order of patron-farmer not to abandon our old territories. We worked hard in the overthrow of the Bush era to remain in our territory, so we can still stay for long years in our territory.
But at the end of the overthrow of the Bush, in the middle of the Decade of 1970, were expelled and dispersed our ancient territories, all of our expulsions occurred with the violence. We played in the reserves and on the banks of the roads where we are, to this day, dying and suffering.
In this regard it is recalled that most elderly and Guarani Kaiowá who worked in downing of ski run is still alive and is in camp in the southern cone of MS.
Given these narrations of all elderly and Guarani Kaiowá, we leaders of Aty Guasu we request, as a matter of urgency, the compensation service to communities Guarani Kaiowá and expelled from their territories. Thus, this claim has to introduce a compensatory measure for slave labor, moral and material injury suffered by the community, expelled from their traditional territory in the process of creating farms on indigenous territories, in the southern cone of MS.
Best regards
Tekoha Guasu, November 15, 2012.
Leaders of Aty Guasu Guarani-Kaiowá and against genocide.
MPF wants compensation of 86 million reais to indigenous community Yvy Katu last modified 11/9/2012 13:18
Proceeds from economic exploitation of indigenous lands, since 1928, is the basis for calculating 10% occupy Indigenous farm area, by court order.
The Federal Public Ministry (MPF) in Dourados filed a lawsuit against the Union and the National Indian Foundation (Funai) asking for compensation of 86 million reais for the indigenous community Yvy katu, in Japorã, in the South of Mato Grosso do Sul. The value is a compensatory measure for moral and material damage suffered by the community, expelled from their traditional territory in the process of settlement of the State, from 1928.
For the MPF, the Union and the Indian Protection Service (SPI) – organ that preceded the Funai-were the main responsible for the expulsion of Indians from Mato Grosso do Sul of lands occupied traditionally and subsequent confinement in small areas. Were considered, further, the dispersion and the violence suffered by the community, the Union’s delay in demarcating indigenous lands-that already more than a century-and the frustration of the original right to the exclusive use of those lands.
The calculation of compensation took into account the total area of the Land Indigenous Yvy Katu-9,454 hectares, declared by Ordinance No. 1,289 of 2005, the Ministry of justice. The physical demarcation has already been held, missing only the approval by the Presidency of the Republic. Even so, she was challenged in the Supreme Court (STF) but the appeal was denied. According to the Rapporteur of the injunction, Ricardo Lewandowski, “the procedure demarcatório followed the legal procedures and allowed the owners of contradictory and of ample defense”.
Millionaire damages
The MPF was based on annual rental value of the area, since 1928-when the expulsion of Indians – until 2012. With interest, the amount reaches R $ 43,029,884 .84. The MPF asks the same value by punitive damages imposed on the Indians, after the expulsion of the area. The amount should be reversed in public policies aimed at the indigenous community of Yvy Katu. The area currently occupied by the indigenous guarani people 300-legally demarcated in 2004 was ñandeva and corresponds to 10% of the total farm Remanso Guaçu, that covers the demarcated area.
The MPF action asserts that “the delay in demarcation has caused severe damage to the indigenous peoples, whether by invasion of their traditional lands by squatters or illegal exploitation of the natural resources of the indigenous lands, whether by cultural breakdown caused to indigenous peoples”.
Compensation should be reversed in public policies aimed at the indigenous community of Yvy Katu
Historical process
For filing the lawsuit, the MPF did extensive historical research, which revealed that the expulsion of indigenous to their area originally occupied by the Brazilian State, began with the creation of the Indian Protection Service, through Decree No. 9,214 of December 15, 1911. Article 2 already legitimized the indigenous land claims: “promote the change of certain tribus (sic), when it is appropriate and in accordance with their heads”.
These heads, as demonstrated by the MPF, “never issued any approval to be removed from their traditional lands, by contrast, refused to leave, being so taken by savages”.
Created the legal provisions, the federal Government began to remove the Indians from their land by confining them in small reserves chosen by SPI. The Union then brought immigrants to the region and giving them property titles. This was the model adopted for the colonization of Mato Grosso do Sul and is in the genesis of the current land conflict.
The action of the MPF unveils the systematic used: “When someone acquired a land and discovered that it was inhabited by Indians, just gathered some armed men and expelled, or (…)communicated the Chief post of the SPI, he would handle the transfer of the Indians to the reservation “.
The Gorgeous Harbour reserve, in Japorã, to which were transferred the natives of YvY Katu in 1928, was set on 3,600 acres but suffered followed reductions on the basis of arrangements between government agents and settler interests and regional companies, being demarcated with 2,000 ago. Currently, measuring 1,648 ha. The buffer should be on the Mall, traditionally occupied by the Indians, but with the existence of yerba mate in the region, which was drained by the River, the Indians were displaced to another area.

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